Uncontested Divorce

Our office gets questions on uncontested divorces all the time.   Here is a list of the most commonly asked questions on an uncontested divorce.

What is an uncontested divorce?

An uncontested divorce is simple.   It is a divorce where the parties fully agree on all aspects of their case including property division, support, and time with their children.    These type of cases require no Court hearings and are typically done by a settlement agreement.

When does an uncontested divorce become contested?

An uncontested divorce becomes contested as soon as one party does not agree with any aspect of the case.  

How long does an uncontested divorce take to complete?

Just like a regular divorce, an uncontested divorce takes a minimum of 6 months from the date of service to complete.

We have an uncontested divorce – do we really need to do mandatory financial disclosures?

Yes, financial disclosures are still required in all cases.   From low asset cases to high asset cases, the legislature has made it mandatory that a divorce will not be finalized without mandatory financial disclosures. 

What is a Marriage Settlement Agreement?

A marriage settlement agreement (MSA) is one of the most common ways to get finalize an uncontested divorce.  A marriage settlement agreement is an agreement between you and your ex on all aspects of your divorce including property, custody, and support.   To reach the point of being able to finalize the case with a marriage settlement agreement, you must have already filed your divorce petition and completed your financial disclosures.

If I have an uncontested divorce, do I still need to go to Court?

You do not need to go to Court with an uncontested divorce.   In an uncontested divorce, since there is an agreement on everything, you can avoid court altogether by formalizing your settlement agreement with an attorney.

Do I need an attorney if my case is an uncontested divorce?

Attorneys are not mandatory in the event of a dissolution of marriage.   However, a divorce attorney can make sure that your divorce judgment goes through without any problems in the processing of the divorce judgment.

How Long Will it take for My Divorce Judgment to be Accepted?

After a divorce judgment is submitted to the Court for review, it typically takes 1-2 months for the Court to review and approve the divorce judgment.   It takes that long because the reviewing judge has to go through a special checklist to ensure that the divorce has been served correctly, and disclosures have been completed.   Additionally, there are special rules involving submitting judgments to the Court that have to be followed including numbers of copies, envelopes, hole punches and signature rules.

What is a status-only divorce?

A status only divorce is a type of divorce where only the divorce status is completed.   The other issues, including property division, support and custody can be resolved later on.   A status only divorce is possible and would end the marital status.

Can You Represent Both Parties In An Uncontested Divorce?

No, you cannot have an attorney represent both parties in any type of divorce case.   This is because the rules that govern attorneys have rules related to conflicts of interest.   So if we are representing one party in an uncontested divorce we just represent one side.